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CITY OF EL MIRAGE
PROFESSIONAL SERVICES CONTRACT
Contract No. EM20-F0 I
THIS PROFESSIONAL SERVICES CONTRACT is made and entered into this 6th day of October
2020, by and between the City of El Mirage, an Arizona municipal corporation ("City"), and bo ARCH
L.L.C. an Arizona corporation ("Consultant").
RECITALS
A. The City of El Mirage is authorized and empowered by provisions of the City Code to execute
contracts for professional services by and through its City Manager;
B. The City desires to contract for Consultant to provide design services and construction documents
for the library remodel/relocation ("Services") as described in the attached scope of work (Exhibit
"A") in accordance with the terms of this Contract;
C. Consultant is duly qualified to perform the requested Services.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and obligations set for herein, the parties
hereto agree as follows:
1.1
DESCRIPTION, ACCEPTANCE, DOCUMENTATION
Consultant shall act under the authority and approval of the Contract Administrator for the City to
provide the Services required by this Contract. The Contract Administrator for the City shall be
Jorge Gastelum, Community Development Director/City Engineer, or designee. The Contract
Administrator shall oversee the execution of this Contract, assist the Consultant in accessing the
organization, audit billings, and approve payments. The Consultant shall channel reports and
special requests through the Contract Administrator. City reserves the right to change the Contract
Administrator for the City without prior approval of the Consultant.
1.2
SERVICE DESCRIPTION
Consultant shall provide the Services described in Exhibit "A." All work will be reviewed,
evaluated, approved, and monitored by the Contract Administrator to determine acceptable
completion. Review and approval by the Contract Administrator shall not relieve Consultant of any
liability for improper, negligent or inadequate services rendered pursuant to this Contract.
Consultant shall provide all work necessary to assure the Services are completed in a timely and
efficient manner consistent with service requirements, including, but not limited to, working in
close interaction with, and interfacing with, City and its designated employees, and working closely
with others, including other consultants or contractors retained by City.
Page I of 10
Contract No. EM20-F0 I
1.3
DOCUMENTATION AND DATA
All documents, including but not limited to, data compilations, studies, and reports which are
prepared in the performance of this Contract are to be, and remain the property of, the City and are
to be delivered to the Contract Administrator before final payment is made to the Consultant.
2.1
FEE SCHEDULE, RECORDS,AUDIT RIGHTS
The fee Consultant shall be paid for all Services provided pursuant to the terms of this Contract,
inclusive of all expenses under this Contract, shall not exceed One Hundred Sixty-Six Thousand
Two Hundred Thirty Dollars ($166,230.00).
The Contract Administrator reserves the exclusive right to determine the amount of work performed
and payment due the Consultant on a monthly basis. Consultant shall maintain all books, paper
documents, accounting records and other evidence pertaining to such monthly billings and shall
make such materials available at all reasonable times to the Contract Administrator. Monthly
billings shall be accompanied by such documentation as the Contract Administrator may require to
make a determination of work performed and payment due.
Consultant's records (hard copy, as well as computer readable data) and any other supporting
evidence deemed necessary by the City to substantiate charges and claims related to this Contract
shall be open to inspection and subject to audit and/or reproduction by City's authorized
representative to the extent necessary to adequately permit evaluation and verification of cost of
the work, and any invoices, change orders, payments or claims submitted by the Consultant or any
of its payees pursuant to the execution of the Contract. The City's authorized representative shall
be afforded access, at reasonable times and places, to all of the Consultant's records and personnel
pursuant to the provisions of this article throughout the term of this contract and for a period of
three years after last or final payment.
Consultant shall require all subconsultants, insurance agents, and material suppliers (payees) to
comply with the provisions of this article by insertion of the requirements hereof in a written
contract agreement between Consultant and payee. Such requirements will also apply to any and
all subconsultants.
If any audit in accordance with this article discloses overcharges of any nature by the Consultant
to the City in excess of one percent (I%) of the total contract billings, the actual cost of the City's
audit shall be reimbursed to the City by the Consultant. Any adjustments and/or payments which
must be made as a result of any such audit or inspection of the Consultant's invoices and/or records
shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of
City's findings to Consultant.
2.2
ADDITIONAL SERVICES; PRICE ADJUSTMENT
The total Scope of Work to be performed by Consultant in accordance with this Contract is set forth
herein and in Exhibit "A." Services not included in this Contract, including Exhibit "A," will be
considered Additional Services. Consultant shall not perform any Additional Services without
written authorization from the City. It shall be presumed that all Services performed/provided by
Consultant were included in the Contract and contemplated by Consultant as being part of the
original Scope of Work and the fees set forth herein, unless such Services have been separately
approved by the City, in writing, as Additional Services. Consultant shall not be paid for any
Additional Services that are not authorized by the City in writing.
Page 2 of 10
Contract No. EM20-F0 I
2.3
OWNERSHIP
Upon receipt of payment for Services, Consultant grants to City, and shall cause its subconsultants
to grant to City, the exclusive ownership of any and all copyrights, if any, to evaluations, reports,
drawings, specifications, project manuals, surveys, estimates, reviews, minutes, and other
intellectual work product as may be applicable ("Work Product"). This grant is effective whether
the Work Product is on paper (e.g., a "hard copy"), in electronic format, or in some other form.
Consultant warrants, and agrees to indemnify, hold harmless and defend City for, from and against
any claim that any Work Product infringes on third-party proprietary interests. City may reuse the
Work Product at its sole discretion. In the event the Work Product is used for another project
without further consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product. In such case, City will also remove any
title block from the Work Product.
3.1
TERM AND EXTENSION
This Contract shall be in full force and effect only when approved and signed by City's City
Manager as attested by the City Clerk. This Contract begins on the Effective Date. All work shall
be completed by August 31, 2021.
In the event the work cannot be completed within the time specified, the Contract Administrator
may approve a change order extending the time for completion of the work when Contract
Administrator determines it is in the best interest of the City for such period as the Contract
Administrator deems reasonable. A modification for a time extension for completion of the work
pursuant to this subparagraph shall not entitle Consultant to additional compensation.
3.2
TERMINATION
3.2.1
Termination for Cause
The City has the right to terminate this Contract for cause in the event Consultant materially
breaches any provision of this Contract or portion of the Services and fails to remedy the
breach within five (5) business days of notification of the breach, if the breach is remedial.
If Consultant fails to remedy the breach or if the breach is not remedial, City may terminate
this Contract for cause immediately upon written notice to Consultant. In the event the City
terminates this Contract or any part of the Services as herein provided pursuant to this
Section 3.2.1, the City shall notify the Consultant in writing, and immediately upon receipt
of such notice, the Consultant shall discontinue all work under this Contract.
Upon termination for cause, Consultant shall immediately deliver to the City all drawings,
research, data, studies, reports, estimates and any and all other documents or work product
generated by the Consultant under the Contract, together with all unused material supplied
by the City. Consultant shall be responsible only for such portion of the work which has
been completed and accepted by the City. Use of incomplete data by the City shall be the
City's sole responsibility.
In the event of termination for cause, Consultant shall only be compensated a portion of
the agreed upon fee for such portion of the work that City agrees, in its sole discretion to
accept. City shall have no obligation to accept any portion of Consultant's work if the
contract is terminated for cause, and shall have no obligation to pay Consultant for any
Page 3 of 10
Contract No. EM20-F0 I
portion of the work, if any, not accepted by City.
If the Consultant materially fails to fulfill in a timely and proper manner its obligations
under this Contract, of if the Consultant violates any of the covenants, agreements, or
stipulations of this Contract, the City may withhold from payment due to the Consultant
such amounts as are necessary to protect the City's position for the purpose of set-off until
such time as the exact amount of damages can be determined.
3.2.2.
Termination for Convenience
The City has the right to terminate this Contract for convenience or to abandon any portion
of the work for which Services have not been performed by the Consultant. In the event
the City terminates this Contract or any part of the Services as herein provided pursuant to
this Section 3.2.2, the City shall notify the Consultant in writing, and immediately upon
receipt of such notice, the Consultant shall discontinue all work under this Contract.
Upon such termination for convenience or abandonment, the Consultant shall immediately
deliver to the City all drawings, research, data, studies, reports, estimates and any and all
other documents or work product generated by the Consultant under the Contract, together
with all unused material supplied by the City. Consultant shall be responsible only for such
portion of the work which has been completed and accepted by the City. Use of incomplete
data by the City shall be the City's sole responsibility.
The Consultant shall receive as compensation in full for Services performed to the date of
such termination or abandonment, a fee for the percentage of Services actually completed
and accepted by the City. This fee shall be in an amount to be mutually agreed upon by the
Consultant and the City, based upon the scope of work set forth in Exhibit "A' and the
payment schedule set forth in Article 2, hereof. If mutual agreement cannot be reached
after reasonable negotiation, the Contract Administrator shall determine the percentage of
satisfactory completion of each task set forth in the scope of work contained in Exhibit "A"
and the amount of compensation Consultant is entitled to for such work and the Contract
Administrator's determination in this regard shall be final. The City shall make such final
payment within sixty (60) days after the Consultant has delivered the last of the partially
completed items.
3.3
FUNDS APPROPRIATION
If the City Council does not appropriate funds to continue this Contract and pay for charges
hereunder, the City may terminate this Contract at the end of the current fiscal period. The City
agrees to give written notice, pursuant to Section 3.2, Termination, of this Contract to the
Consultant at least thirty (30) days prior to the end of its current fiscal period and will pay to the
Consultant all approved charges incurred through the end of such period.
The City's fiscal year begins July I st and ends June 30th each calendar year. The City may make
payment for Services rendered or costs encumbered only during a fiscal year and for a period of
sixty (60) days immediately following the close of the fiscal year, under the provisions of Arizona
Revised Statutes § 42-17 108. Therefore, Consultant must submit billings for Services performed
or costs incurred prior to the close of a fiscal year within forty-five ( 45) days to allow payment
within this period.
4.1
ENTIRE AGREEMENT
Page 4 of 10
Contract No. EM20-F0 I
This Contract constitutes the entire understanding of the parties and supersedes all previous
representations, written or oral, with respect to the Services specified herein. This Contract may
not be modified or amended except by a written document, signed by authorized representatives of
each party.
4.2
ARIZONA LAW
This Contract shall be governed and interpreted according to the laws of the State of Arizona. Any
action brought to interpret or enforce any provision of this Contract that cannot be administratively
resolved, or otherwise related to or arising from this Contract, shall be commenced and maintained
in the state or federal courts of the State of Arizona, Maricopa County, and each of the parties, to
the extent permitted by law, consents to jurisdiction and venue in such cou11s for such purposes.
4.3
COMPLIANCE WITH LAWS
Consultant shall comply with all existing and subsequently enacted federal, state and local laws,
ordinances, codes, and regulations that are, or become applicable to this Contract. If a subsequently
enacted law imposes substantial additional costs on Consultant, a request for an amendment may
be submitted pursuant to this Contract.
4.4
MODIFICATIONS
Any amendment, modification or variation from the terms of this Contract shall be in writing and
shall be effective only after approval of all parties signing the original Contract.
4.5
ASSIGNMENT
Services covered under this Contract shall not be assigned o r sublet in who le or in part
w ithout the prior written consent of the Finance Director and Contract Administrator.
4.6
SUCCESSORS AND ASSIGNS
This Contract shall extend to and be binding upon Consultant, its successors and assigns, including
any individual, company, partnership or other entity with or into which Consultant shall merge,
consolidate or be liquidated, or any person, corporation, partnership or other entity to which
Consultant shall sell its assets.
4.7
ATTORNEY'S FEES
In the event either party brings any action for any relief, declaratory or otherwise, arising out of
this Contract, or on account of any breach or default hereof, the prevai 1 ing party may be entitled to
receive from the other party reasonable attorneys' fees and reasonable costs and expenses
determined by the court sitting without a jury or arbitration board, which shall be deemed to have
accrued on the commencement of such action and shall be enforceable whether or not such action
is prosecuted to judgment or by arbitration award.
4.8
INDEPENDENT CONTRACTOR
The Services Consultant provides under the terms of this Contract to the City are that of an
Independent Contractor, not an employee or agent of the City. The City will report the value paid
Page 5 of 10
Contract No. EM20-F0 I
for these Services each year to the Internal Revenue Service (1.R.S.) using Form I 099.
City shall not withhold income tax as a deduction from contractual payments. As a result of this,
Consultant may be subject to 1.R.S. provisions for payment of estimated income tax. Consultant is
responsible for consulting the local I.R.S. office for current information on estimated tax
requirements. Consultant will not be entitled to any benefits provided by City to its employees,
including, but not limited to, health benefits, workers' compensation, unemployment coverage,
deferred compensation, and all other typical employee benefits.
4.9
CONFLICT OF INTEREST
The City may cancel any contract or agreement, without penalty or obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf
of the City's departments or agencies is, at any time while the contract or any extension of the
contract is in effect, an employee of any other party to the contract in any capacity or a consultant
to any other party to the Contract with respect to the subject matter of the Contract. The cancellation
will be effective when written notice from the City is received by all other parties to the Contract,
unless the notice specifies a later time (A.R.S. §38-511 ).
4.10
NOTICES
All notices or demands required to be given pursuant to the terms of this Contract shall be given
to the other party in writing, delivered by hand or registered or certified mail, at the addresses set
forth below, or to such other address as the parties may substitute by written notice given in the
manner prescribed in this paragraph.
In the case of Consultant:
In the case of City
With a copy to:
bo ARCH L.L.C.
Attn: David A. Bosak, Sr.
32531 North Scottsdale Road, Suite I 05 #282
Scottsdale, Arizona 85266
City of El Mirage
Attn: City Manager
10000 North El Mirage Road
El Mirage, Arizona 85335
City of El Mirage
City Attorney
10000 North El Mirage Road
El Mirage, Arizona 85335
Notices shall be deemed received on date delivered, if delivered by hand, and on the delivery date
indicated on receipt if delivered by certified or registered mail.
4.1 I
FORCE MAJE URE
Neither party shall be responsible for delays or failures in performance resulting from acts beyond
their control. Such acts shall include, but not be limited to, acts of God, riots, acts of war, epidemics,
governmental regulations imposed after the fact, fire, communication line failures, power failures,
or earthquakes.
Page 6 of 10
Contract No. EM20-F0 I
4.12
TAXES
Consultant shall be solely responsible for any and all tax obligations which may result out of the
Consultant's performance of this Contract. The City shall have no obligation to pay any amounts
for taxes of any type incurred by the Consultant.
4.13
ADVERTISINGANDPROMOTION
Consultant shall not publish, release, disclose or announce to any member of the public, press,
official body, or any other third party: (I) any information concerning this Contract, the Services,
or any part thereof; or (2) any documentation or the contents thereof, without the prior written
consent of the City, except as required by law or judicial or regulatory process. The name of any
site on which Services are performed shall not be used in any advertising or other promotional
context by Consultant without the prior written consent of the City.
4.14
COUNTERPARTS
This Contract may be executed in one or more counterparts, and each originally executed duplicate
counterpart of this Contract shall be deemed to possess the full force and effect of the original.
4.15
CAPTIONS
The captions used in this Contract are solely for the convenience of the parties, do not constitute a
part of this Contract and are not to be used to construe or interpret this Contract.
4.16
SUBCONSULTANTS
During the performance of the Contract, the Consultant may engage such additional subconsultants
as may be required for the timely completion of this Contract. The addition of any subconsultants
shall be subject to the prior approval of the City.
In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of
this Contract rests with the Consultant.
4.17
INDEMNIFICATION
The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
City, its officers, directors and employees (collectively, City) against all damages, liabilities or
costs, including reasonable attorneys' fees and defense costs, to the extent caused by the
Consultant's negligent performance of professional services under this Contract and that of its
subcontractors or anyone for whom the Consultant is legally liable.
The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Consultant, its officers, directors, employees and subcontractors (collectively, Consultant) against
all damages, liabilities or costs, including reasonable attorney's fees and defense costs, to the extent
caused by the City's negligent acts in connection with the Services and the acts of its contractors,
subcontractors or consultants or anyone for whom the City is legally liable.
Neither the City nor the Consultant shall be obligated to indemnify the other party in any manner
whatsoever for the other patty's own negligence or for the negligence of others.
Page 7 of 10
Contract No. EM20-F0 I
4.18
INSURANCE
The Consultant shall secure and maintain at all times that this Contract is in effect, insurance
coverage which shall include statutory workers' compensation, comprehensive general and
automobile liability, owner's and Consultant's protective liability insurance and errors and
omissions professional liability. The comprehensive general and automobile liability limits shall
be no less than one million dollars ($1 ,000,000) combined single limit. The owner's and
Consultant's protective liability limits shall be no less than one million dollars ($ 1,000,000) for
each occurrence and one million dollars ($1,000,000) policy aggregate naming the City as an
additional insured. The minimum amounts of coverage for Consultant's professional liability shall
be one million dollars ($1,000,000). In other than errors and omissions professional liability, City's
and Consultant's protective liability and worker's compensation, the City of EI Mirage shall be
named as an additional insured.
All insurance coverage shall be written through a carrier licensed in Arizona, or an approved non-
admitted list of carriers published by the Arizona Department of Insurance, and possessing an A.M.
Best rating of at least A- or above with policies and forms satisfactory to the City.
The Consultant shall submit to the City a certificate of insurance evidencing the coverage and limits
stated in the foregoing paragraph within ten ( 10) days of award of this Contract. City shall not issue
a "Notice to Proceed" until after Consultant has submitted the certificate of insurance to City.
Insurance evidenced by the certificate shall not expire or be canceled or materially changed without
thirty (30) days prior written notice to the City, and a statement to that effect must appear on the
face of the certificate and the certificate shall be signed by a person authorized to bind the insurer.
The insurance policies, except Workers' Compensation required by this Contract, shall name the
City, its agents, representatives, officers, directors, officials and employees as Additional Insureds.
4.19
FEDERAL AND STATE EMPLOYMENT IMMIGRATION LAWS
To the extent applicable under A.R.S. § 41-440 I, Consultant warrants its and its subconsultants'
compliance with all federal immigration laws and regulations that relate to their compliance with
the E-verify requirements under A.R.S. § 23-2 l 4(A). Consultant's or its subconsultants' breach of
the above-mentioned warranty shall be deemed a material breach of the Contract and may result in
the termination of the Contract by the City. The City retains the legal right to randomly inspect the
papers and records of Consultant and its subconsultants to ensure that the Consultant and its
subconsultants are complying with the above-mentioned warranty.
The Consultant warrants to keep the papers and records open for random inspection during normal
business hours by the City. The Consultant shall cooperate with the City's random inspections
including granting the City entry rights to Consultant's property to perform the random inspections
and waiving its right to keep such papers and records confidential. The failure of Consultant to
comply with this warranty regarding the keeping of papers and records and cooperating with City's
random inspections shall constitute a material breach of the Contract and the City will have the
right to immediately terminate the Contract.
4.20
BOYCOTT OF ISRAEL
Consultant certifies that it is not currently engaged in and agrees for the duration of this Agreement
that it will not engage in a boycott of Israel as set forth in ARIZ. REV. STAT. § 35-393 and § 35-
Page 8 of 10
Contract No. EM20-F0 I
393.01
4.21
SEVERABILITY
If any term or provision of this Contract shall be found to be illegal or unenforceable, then
notwithstanding such illegality or unenforceability, this Contract shall remain in full force and
effect and such term or provision shall be deemed to be deleted.
CITY OF EL MIRAGE
CONSULTANT: bo ARCH L.L.C.
By: David A. Bosak Sr.
Print Name
By:
Signature
Its
Managing Partner
- - - - - - -------
Tit I e
ATTEST:
Page 9 of 10
EXHIBIT "A"
Page IO of IO
ARCHITECTURE
INTERIORS
M A N A G E M E N T
E STIMATING
ANALYSIS
September 24, 2020
Jorge Gastelum, P.E.
Community Development Director/City Engineer
City of El Mirage
10000 N. El Mirage
El Mirage, AZ 85335
RE:
Proposal for Full Architectural Design Services
Preliminary thru Construction Documents
Mr. Gastelum:
We appreciate the recent opportunity to discuss the overall scope of the project. We are pleased to
present our proposal of professional full Architectural Design services for the adaptive reuse of existing
5000 SF building, located at 13513 N. El Mirage Rd., to house a Library for Maricopa County. We
understand the significance this undertaking represents to the City of El Mirage and Maricopa County
Library District. Here within is our proposal for professional services associated with the subject
project.
Fee Proposal: Not-To-Exceed $166,230.00
We are prepared to offer our professional services in the amount of $166,230.00 (One Hundred
Seventy-six thousand, Two Hundred Thirty dollars), inclusive of reimbursables. Please see attached
documents delineating our project understanding, scope of work/services and probable manhours.
We are confident that bo ARCH L.L.C. can render all required services in their entirety to your
satisfaction, upon receipt of a purchase order number we can commence with our services. Feel free
to contact me should you need further clarification or have any questions. We look forward t o working
with you on this project.
Sincerely,
bo ARCH L. L. C.
~A-~~-
David A Bosak Sr., AIA, LEED AP
Managing Partner
Director of Program/Construction Management I Principal Architect
Authorization and Acknowledgement:
If the services and fee described are acceptable, please sign and return a copy.
Acceptance:~
A• ~
~------
September 24, 2020
David Bosak, Managing Partner, bo ARCH LLC.
Acceptance: ~" ~ ~
... e =>~ L
Jorge Gastelum, P.E. City of El Mirage
Attachments:
Project Understanding
Task Summaries
Probable Manpower Schedule
Standard terms and Conditions
Consultant quotes
Dated
tt~(<.,/2.0
Dated
PROJECT UNDERSTANDING
bo
A RC H
Project:
1. Adaptive reuse of existing 5000 SF building, located at 13513 N. El Mirage Rd., to house a Library for
Maricopa County Library District
2.
The interior finishes, fixtures and equipment will be funded by the City of El mirage separately
3.
It is anticipated that a separate contract will be entered into at a later date for construction
administration associated with the project.
Stakeholders:
l. The City of El Mirage
2. Maricopa County Library District
3. Neighboring businesses, homeowners and adjacent school
Delivery Method:
1. Construction Management At Risk
Assumptions:
l. We have assumed (.2,) meetings during design plus time for preparation, agenda, travel, and minutes.
Client Provided:
l. As-builts of facility
2.
Geotechnical Investigation
3. Asbestos Survey of existing building by CMAR
4. Private Utility locating service to assist in locating utility tie-ins
5.
At completion of the design development phase, the Client will "sign-off" indicating that all stakeholders
have accepted the Project design. Any changes resulting after sign-off may be subject to Supplemental
services.
Scope of Work:
l. As outlined in Feasibility Study dated March 4 2020.
2.
In Summary: We anticipate the project to consist of a reconfiguration of the main entry for a lobby with
reception desk, sufficient restrooms to meet code requirements, administrative offices, storage, ample
space for computers, stacks, furniture and tables and a children's section. The site work will entail
rework of the parking lot, play court, addition of parking lot lighting, removal of concrete driveways, wet
tap for a fire sprinkler system and an addition of a CMU trash enclosure. The exterior will be
modernized as reflected in preliminary rendering.
Scope of Professional Services: Required services are outlined in detail in attached Task Summaries
document
1.
Limited to architectural, structural, mechanical, electrical, plumbing and civil engineering.
2. Topo Survey
3.
Conceptual Design
4. 30% Schematic Design including conducting design kickoff meeting, data gathering, evaluating the
existing conditions
5.
60% Design Development including architectural and engineering plans, quality checking and value
engineering
6.
95% Construction Documents including architectural and engineering plans and details, cost estimate,
specifications, and quality checking
Project Understanding 1 of 3
7.
Cost Estimating services
8.
Regulatory Process submittal to the City of El Mirage
9.
Final construction plans, specifications and cost estimate
Supplemental Service available as deemed necessary by the Client:
1. Change in the Primary Scope of Work as requested by the City
2. Additional City requested changes after approval of design development documents
3. Revisions to the drawings on account of additional funding
4.
Additional City requested meetings beyond those specified
5.
Structural, & Special Structural Inspections as required by the governing authority by CMAR
6. Construction administration to include pre-construction conference, construction observation, review of
submittals, change order review, reviewing progress payments, preparing ASls and PRs, Project close-
out
7. Prepare record drawings
Exclusions:
1. Fire Sprinkler System is a deferred submittal by CMAR and Not-in-Scope
2.
landscape Architect Design Services
3. Development of Front end Documents
4. Development of an Owner/Contractor Contract
5. Bidding services will include managing and conducting the pre-bid conference and addressing questions
from bidders, evaluating and tabulating bids and preparing recommendation of award.
6. Material Testing
7. Furniture Fixtures and Equipment Selection or Assistance
Deliverables:
1.
Program I Conceptual Design Drawings
2. 30% Schematic Design Drawings I Order of Magnitude Cost
3.
60% Design Development Drawings I Review of 60% GMP
4. 95% Construction Document Drawings for Building Plan Review I Review of 95% GMP
5. 100% Final Submittal, Drawings and Specifications I Final Estimate Full size set of drawing and specs and
electronic copy
Budget:
1. Construction Budget is $1.5M
2.
For CMAR projects, the GC should be brought on at completion of Schematic Drawings to provide
guidance on cost efficient material selections, Structural recommendations and
Mechanical and
Electrical system analysis. We anticipate CMAR will prepare 60% estimate and provide future direction
in maintaining Clients budget and avoid Value engineering at 90% CD.
GC will perform final cost
analysis. GC should perform in conjunction with the Architect a constructability I Bidability review of the
95% Documents. bo ARCH will validate GCs GMP.
Schedule: (We have included time for Owner reviews). The consultants shall perform its services as
expeditiously as is consistent with such professional skill and care and the orderly progress of the project.
1.
Preliminary Schedule - Dates subject to change
Calendar target Dates
Notice to Proceed for Project
Week 0
Visits to Maricopa County Libraries
As Builts/Base Plans
Preliminary Design
*City Review meeting/Programing sign-off
CMAR RFQ by City
Project Understanding 2 of 3
Week 1
Week3
Weeks
Week 7
Week 10
Schematic Design 30%
Schematic Cost Estimate
*City Review Meeting/Schematic/Cost Review and sign-off
Design Development 60%
Review of CMAR 60% GMP
*City Review Meeting/Design Development Sign-off/VE
Construction Documents 95%
Constructability Review
Review of 95% CMAR GMP
*City Review Meeting/Value Engineering
Submittal for Permit
1st Plan review comments received
Submit for 2nd plan review
2nd Plan review comments received
Submit for 3rd plan review
Construction Documents 100%
Finalize CMAR GMP
Fee:
*City Review Meeting/Review of CMAR Quals
Building permit received
Week 12
Week 13
Week 14
Week 18
Week 20
Week 21
Week 24
Week 27
Week 28
Week 32
Week 34
Week 36
Week 38
Week 40
Week 40
Week 41
Week 42
Week 44
1. Our Manpower loading Schedule is attached, with the associated hours broken down by Task
Project Understanding 3 of 3
TASK SUMMARIES
TASK 1.0 PROGRESS MEETINGS
Meeting time includes, preparation, agenda, travel and minutes
Subtask 1.1 Design Meetings with City Staff
1. Coordinate, schedule and conduct design meetings. (Five meetings total)
Programming/Conceptual Design meeting
30% Schematic Design phase meeting
60% Design Development phase meeting
95% Construction Document phase meeting
100% GMP Meeting
2.
Consultants wil be in attendance at two of the meetings
TASK 2.0 PROGRAMMING/CONCEPTUAL DESIGN
Subtask 2.1 Base Drawings
1. Generate base drawings
Subtask 2.2 Code Study
bo
ARC H.
1. 90% Code Study: Construction and Occupancy type, Current ADAG, Occupant loads, Plumbing Fixture
count. Verify submittal requirements with AHJ
Subtask 2.3 Programming Building Analysis
1. Finalize/Confirm programming requirements
Subtask 2.4 Preliminary Floor plan
1.
layout initial Architectural floor plan
TASK 3.0 SCHEMATIC DESIGN
Subtask 3.1 Schematic Design - 30% Plans
1. Integrate Client comments from Programming/Conceptual Design meeting
2.
Review and evaluate existing conditions
3.
Finalize floor plan layout
4.
Preliminary Site plan
5.
Elevation study
Subtask 3.2 Quality Check and Value Engineering
1. Perform a quality check and value engineering analysis before presenting to City
Subtask 3.3 Order of Magnitude cost
1. Preparation of Order of Magnitude costs based on, as-builts, program, code, and schematic design
TASK 4.0 DESIGN DEVELOPMENT
Subtask 4.1 Code Study
1. Finalize code study
Task Summaries 1 of 2
Subtask 4.2 Design Development - 60% Plans
1. Integrate Client comments from Schematic Design meeting
2.
Coordinate Consultants work
3.
60% Specifications
4. Finalize Design Development Drawings
Subtask 4.4 Quality Check and Value Engineering
1. Perform quality check and value engineering analysis
Subtask 4.5 REviewi of CMARS 60% GMP
2. Perform quality check and value engineering analysis
TASK 5.0 CONTRACT DOCUMENT PREPARATION
Subtask 5.1 Preparation of 95% Plans
1. Integrate Client comments from 60% CD Meeting
2.
Develop details
3.
Contact Utility Providers
4. Finalize Construction Document Drawings
Subtask 5.2 Specifications
1.
Finalize Specifications, review client Front End with Division 1
Subtask 5.3 Constructability Review
1.
Perform final quality check before submitting to City for approval
Subtask 5.4 Review of CMARs 95% GMP
1. The plans and specifications will be updated based on the plan check comments
2. The estimate will be updated based upon the plan check comments
Subtask 5.5 Plan Review Submittal
1. Submit complete set of construction documents to the City for plan check review
2. Address plan check comments prepare 100% set
Task Summaries 2 of 2
Probable Manpower Loading Schedule
bo
Architectural Services
Prepared 9/24/20
Library Project
A R C H,,
I. bo ARCH Summary
Principal
Project
Cost
Job
Interior
In Charge
Architect
Estimator
Captain
Designer
Total
bo Arch
$165.00
$150.00
$135.00
$115.00 $115.00
Hours
Labar cast
Task 1.0 - PROGRESS MEETINGS
1.1
Design Meetings with City Staff (S)
30
10
40
$5,650.00
1.2
Not used
$0.00
1.3
Not Used
$0.00
1.4
Not used
$0.00
Subtotal - Programming
0
30
0
10
0
40
$S,6S0.00
Task 2.0 - Programming/Conceptual Design
2.1
Generate base drawings
60
60
$6,900.00
2.2
Finalize Code Study
24
24
$3,600.00
2.3
Programming/ Analysis
8
8
$1,200.00
2.4
Preliminar~ Floor Plan
8
80
88
$10,400.00
Subtotal• Programming
0
40
0
140
0
180
$22,100.00
Task 3.0 -Schematic Design
3.1
Schematic Design
8
100
108
$12,700.00
3.2
QC and VE
8
20
28
$3,500.00
3.3
Order of Magnitude Cost
16
16
$2,160.00
Subtotal - Programming
0
16
16
120
0
152
$18,360.00
Task 4.0 - Design Development
4.1
Final Code Study
8
8
$1,200.00
4.2
60% DD Plans
16
100
40
156
$18,500.00
4.3
QC and VE
8
20
28
$3,500.00
4.3
Review of 60% CMAR GMP
4
8
12
$1,680.00
Subtotal - Design Development
0
36
8
120
40
204
$24,880.00
Task 5.0 - Contract Document Preparation
5.1
95% Const ruct ion Documents
16
100
40
156
$18,500.00
5.2
Specifications
80
80
$12,000.00
5.3
Constructability Review
24
20
44
$5,900.00
5.4
Review of CMARs 95% GMP
4
8
12
$1,680.00
5.5
Plan Review Submittal/100% CDs
4
24
28
$3,360.00
Subtotal • Contract Documents
0
128
8
144
40
320
$41,440.00
Subtotal Hours• bo Arch Labor Summary
Hrs
250 Hrs
32 Hrs
534 Hrs
80 Hrs
896 Hrs
Subtotal Fees - bo Arch Labor Summary
$0
$37,500
$4,320
$61,410
$9,200
$112,430
Fee Proposal 1 of 2
II. Consultant labor Summary
1
Rick Enginering - Civil Engineering
$ 29,000.00
2
James Lane - Structural Engineering
$
9,000.00
3
AZPL- Mechanical/Plumbing/Electrical Engineering
$ 12,800.00
4
_O_p_e_n ____________________________________ ....,..._
Subtotal - Consultant labor Summary
$
$ 50,800.00
Ill. Other Direct/Indirect Costs
Item No. Expense Description
1
Indirect - Reproduction
2
Indirect - Mileage
Subtotal - Direct/Indirect Costs
IV. Recommended Allowances
1
Design Contingency for out of scope changes as requested by the City
2
Open
Subtotal - Allowances
Total Fee
Fee Proposal 2 of 2
Unit
Cost/Unit
Total
LS
$
2,000.00
LS
$
1,000.00
$
3,000.00
$
$
$
$ 166.230.00
Standard Terms and Conditions
These Terms of Agreement attached to and made a part of the Letter Agreement, made between Named
Municipality (CLIENT) and bo ARCH L.L.C., providing Professional Services.
Standard Personnel Rates: Effective thru December 31, 2021
PM/CM Classification
Sr. Program Manager
Field QAQC
Project Manager
Rate
$150.00/Hour
$140.00/Hou r
$110.00/Hour
Architecture Classification
Sr. Project Architect
Cost Estimator
Job Captain AutoCAD
Rate
$150.00/Hour
$135.00/Hour
$115.00/Hou r
Premium Charge: Overtime work 6 p. m to 6 a. m., Saturday, Sunday, National Holidays: Hourly Rate times a
multiplier of 1.50.
Supplemental Services:
With Prior Approval by the District, Supplemental Services by bo ARCH shall be compensated at our standard Office
rates, per the attached.
•
Any deviation in the primary Scope of work outlined above
•
Supplemental Field visits/Site Meetings outside of delineated scope at $600.00 per trip plus mileage and travel
time. Mileage shall be charged at current State Rates at $0.58/mile.
Exclusions to this Agreement include, but are not limited to:
Development of Owner Contractor Contract
Development of Owner Front End Documents
Extraordinary services required by any entity after execution of contract
Architecture and Engineering Design and CA Services
Asbestos Testing
Geotechnical Investigations
Invoicing
bo ARCH shall invoice its time and Reimbursable Expenses monthly. Payments that are unpaid for more than sixty (60)
days from the date of invoice shall bear interest at the rate of one and one half percent (11/2%) per month.
Owner's Responsibilities
The Owner shall provide full information, including a program which sets forth the Owner's objectives, schedule,
constraints, and budget with reasonable contingencies and criteria. The Owner shall also furnish any reports, tests,
surveys, inspections or other documentation or information or consultants reasonably requested by bo ARCH. All the
foregoing shall be furnished at the Owner's expense and bo ARCH shall be entitled to rely upon the accuracy and
completeness thereof.
Dispute Resolution:
Initial Dispute Resolution: All disputes, including claims and counterclaims, shall be resolved by mediation, followed by,
if necessary, binding arbitration in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association.
Note on Demand: A written demand for arbitration shall be filed with the American Arbitration Association and the
other party to this Agreement within a reasonable time after the dispute or claim has arisen, but in no event after the
applicable statute of limitations for a legal or equitable proceeding would have run.
Award: The arbitration award shall be final. Judgment upon the award may be confirmed in any court having
jurisdiction. Work Continuance and Payment: Unless otherwise agreed in writing, bo ARCH shall continue to perform
under this Agreement during any arbitration proceedings. If bo ARCH continues to perform, the Company shall
continue to make payments in accordance with this Agreement.
Multiparty Proceedings: The parties agree that all parties necessary to resolve a claim shall be parties to the same
arbitration proceeding. Appropriate provisions shall be included in all other contracts relating to the Project to provide
for the consolidation of arbitrations.
Cost of Dispute Resolution: The prevailing party in any dispute arising out of or relating to the Agreement or its breach
that is resolved by arbitration or litigation shall be entitled to recover from the other party reasonable attorneys' fee,
costs and expenses incurred by the prevailing party in connection with such arbitrations or litigation.
Legal Costs
Should any legal proceeding be commenced between the parties to this Contract seeking to enforce any of its
provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in
addition to such other relief as may be granted, to a reasonable sum for attorneys' fees which shall be determined by
the court or forum in such proceeding or in separate action brought for that purpose. For purposes of this provision,
"prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for payment of
the sum allegedly due, performance of covenants allegedly breached or consideration substantially equal to the relief
sought in the action or proceeding.
bo ARCH's Indemnification:
The Owner agrees to indemnify, defend, and hold bo ARCH harmless from and against any and all claims, liabilities,
suits, demands, losses, costs and expense, including reasonable attorneys' fees and all legal expenses and fees incurred
on an appeal and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities, on
account of any damage to property or persons, including death, arising out of the performance or non-performance of
obligations under this Contract, provided that any such claim, damages, loss or expenses is caused in whole or in part
by the negligent act, omission and/ or strict liability of the Client, and anyone directly or indirectly employed by the
Client (except to the extent bo ARCH is found to be liable for such damages or losses by a court of forum of the
competent jurisdiction), or anyone for whose acts of them may be liable.
Project Suspension
If the Project is suspended by the Owner for more than thirty (30) consecutive days bo ARCH shall be compensated for
services performed prior to the notice of such suspension. When the Project is resumed bo ARCH's compensation shall
be equitably adjusted to provide for expenses incurred in the interruption and resumption of bo ARCH services.
Risk Allocation:
In recognition of the relative risks and benefits of the project to both the Owner and bo ARCH, the risks have been
allocated such that the Owner agrees, to the fullest extent permitted by law, to limit the liability of bo ARCH and his
sub-consultants to the Owner and to all construction contractors and subcontractors on the project for any and all
claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total
aggregate liability of bo ARCH and his or her sub-consultants to all those named shall not exceed $1,000,000.00 for
services rendered on this project. Such claims and causes include, but are not limited to negligence, professional errors
or omissions, strict liability, breach of contractor warranty.
Termination of Services:
This Agreement may be terminated by the Client or bo ARCH L. L. C. upon not less than seven (7) days written notice
should the other fail substantially to perform its obligations hereunder through no fault of the party initiating the
termination. In the event of termination, the Client shall pay bo ARCH for all services rendered to the date of the
termination, all reimbursable expenses, and reasonable termination expenses.
Ownership of Documents
The Drawings and other documents, as instruments of service, are and shall remain the property of bo ARCH. They shall
not be used on other projects or as the basis for drawings by others without written authorization from bo ARCH Such
authorization shall not be unreasonably withheld by bo ARCH. If authorization is granted by bo ARCH, bo ARCH shall
reserve the right to require the Owner to pay a reasonable sum of Reuse Fee, and upon receipt of such fee, bo ARCH
shall provide the Owner an electronic file of the Drawings.
RICK
ENGINEERING COMPANY
September 10, 2020
Revised September 24, 2020
Mr. David Bosak Sr. AIA, LEED AP
bo ARCH
32531 N. Scottsdale Road, Ste 105#282
Scottsdale, AZ 85266
SENT VIA EMAIL
DBosak@boARCH.us
SUBJECT:
SURVEY AND ENGINEERING FOR PROPOSED FIRE STATION TO LIBRARY CONVERSION
13513 N. EL MIRAGE ROAD, EL MIRAGE, AZ I J#t5263A
Dear Mr. Bosak:
Rick Engineering Company {RICK) is pleased t o submit this proposal to provide professional services on
the above referenced property. The proposed conversion of an abandoned fire station to public library
is located at 13513 N El Mirage Road near Thunderbird Road. The subject property is approximately 1.68
acres. This proposal is based on a Project Site Diagram prepared and provided by bo ARCH.
Based on your request, it is anticipated the plans will be prepared and submitted to bo Architects in
-,e,e, 60%, 90% and 100% design stages for processing through the City. It is assumed no offsite
improvements will be required aside from what is stated in the Scope of Services. The services listed
under the Scope of Services to be performed as reflected on the feasibility study dated March 4, 2020.
PROJECT BACKGROUND
The project will include the removal of the north driveway and drive into the site, the removal of all
pavement, sidewalk, curbs and light poles and bases and the replacement of same in a new
configuration.
A refuse enclosure, signage and other miscellaneous improvements will also be
constructed.
SCOPE OF SERVICES
SURVEY COMPONENT
1.
Boundary Verification & Design Topography
RICK will perform a design topo of the site and boundary verification for the parcel in
preparation for engineering design. We will require a corrected property description.
existence of a formal record of significant client and public agency meetings. Electronic file
transfers and translations will also be covered under this item of work.
2241 5 North 16th Stree t
Phoenix, A rizona 85024
(602) 957-3350
WW\\ .rickenginecring.com
PHOENIX TUCSON SAN DIEGO RIVERSIDE ORANGE SACRAMENTO SAN LUIS OBISPO LAS VEGAS DENVER
RICK
ENGINEERING COMPANY
Page 2 of 10
CONSTRUCTION DOCUMENTS DESIGN COMPONENT
1.
Demolition Plan
Mr. David Bosak Sr.
bo ARCH
Revised September 24, 2020
RICK will prepare a demolition plan for the removal of the north driveway, existing pavement,
sidewalks, curbs and light poles and bases.
2.
60% - Grading, Drainage and Paving Plan
RICK will prepare and submit a 60% Grading, Drainage and Plan at a scale of 1" = 20' for the
project in accordance with (1) the City of El Mirage Standards and (2) Drainage Policies and
Standards for Maricopa County.
Finished floor elevations, parking lot configurations and
elevations will be shown on the plan. The resulting plan will include a drainage statement,
earthwork cut and fill quantities.
3.
90% - Grading, Drainage and Paving Plan
RICK will prepare and submit a 90% Grading, Drainage and Plan at a scale of 1" = 20' for the
project in accordance with (1) the City of El Mirage Standards and (2) Drainage Policies and
Standards for Maricopa County.
Finished floor elevations, parking lot configurations and
elevations will be shown on the plan. The resulting plan will include a drainage statement,
earthwork cut and fill quantities, as well as quantities necessary for permitting purposes. The
plan will be prepared for~, 60%, 90% and 100% submittals.
4.
100% - Grading, Drainage and Paving Plan
RICK will address comments received from the City to finalize the plans for approval and
permitting.
5.
Design Drainage Statement
RICK will prepare a Design Drainage Statement which will be part of the Grading and Drainage
and Paving Plan.
6.
Earthwork
RICK will prepare an earthwork quantity estimate based upon the Grading and Drainage Plan.
7.
Horizontal Control Plan
RICK will prepare a horizontal control plan of the site to position the building, parking, and other
site improvements.
8.
Storm Water Pollution Prevention Plan
RICK
Mr. David Bosak Sr.
bo ARCH
Revised September 24, 2020
ENmNEERIN0 COMPANY
Page 3 of 10
Rick Engineering Company will prepare a Storm Water Pollution Prevention Plan (SW PPP) for the
project in compliance with AZPDES permit requirements.
We will assist the owner or
responsible party in completing the required Notice of Intent (NOi) to be filed with ADEQ and
submitted to the City of El Mirage as necessary.
This item does not include periodic site visits to determine the site's compliance with the
provisions and recommendations found within the SWPPP. Furthermore, it is assumed that
Owner or the General Contractor will have operational control of the construction plans,
specifications and site conditions during construction and that Rick Engineering Company shall
have no operational control once the plans have been approved by the appropriate governing
agency.
Please note the responsible party will be required to complete and submit a Notice of
Termination (NOT) to ADEQ upon completion of construction and revegetation and stabilization
of the disturbed areas.
9.
Fire Line Plan
RICK will prepare a fire line plan to provide service to the proposed fire sprinkler system.
10.
Fire Flow Test
RICK will obtain a complex fire flow test for site.
11.
Description and Exhibits if needed. (T&M}
RICK will prepare descriptions and exhibits as required for the project.
12.
Construction Documents Meetings and Coordination (T&M Budgetary)
RICK will attend five (5) one (1) hour meetings with the development team and will coordinate
with other consultants and development team entities. Electronic file transfers and translations
will also be covered. Please note that the fee associated with this task is budgetary. Should the
task amount be reached through the design process, Rick Engineering will coordinate with bo
ARCH for additional fees.
EXCLUSIONS
The following items are specifically excluded from the Scope of Work and budget and, if required, will
either be prepared by others or will be covered by separate agreement(s) between Rick Engineering
Company and bo ARCH:
1.
ALTA Survey
2.
Archaeological Evaluation
RICK
ENGINEERING C OMPANY
Page 4 of 10
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
FEES
Building Plans including Architectural,
Structural, M echanical, Plumbing,
and/or Elect.
Cit y/County or other Municipality
Submittal or Permitting Fees.
Construction Administration,
Management or Inspection
Construction Surveying, As-built Plans
or Surveys.
Cost Estimates.
Design and/or CD's for any offsite road
or utility improvements.
Design of Backflow Prev. Assemblies
Design of gas, electric, cable TV, fiber
optic, and t elephone utilities.
Design of Walls, Fences, Gates, or Entry
Monuments.
Dry Utility Coordination
Financing Plans or Developer
Agreements, Including Those w ith
Utility Interest s, or the Negotiation of
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Same
Mr. David Bosak Sr.
bo ARCH
Revised September 24, 2020
Geotechnical Engineering of any nature.
Mitigation Plans of Any Nature
Overall master sewer, water or
drainage reports.
Phase I Environmental Analysis
Resolution of Boundary Conflicts and/or
Disputes.
Retaining Wall Design.
Site Details to be provided by Architect
Site Lighting
Site plan preparation
Structural Design of Any Nature.
Subsurface Util. Investigation/ Potholing
SWPPP Monitoring
Title reports or analysis.
Traffic Signalization and/or Traffic
Control Plans.
Any Items not specifically in the Scope
of Services
RICK w ill provide the above services for a total labor fee of $29,000.00. Time and Materials (T&M) items
will be billed in accordance with the attached Hourly Rate Schedule and are not in included in the above
fee. The fees for the scope of services break down as follows:
SURVEY
1
Boundary Verification & Design Topo
$
3,000.00
Survey Component Subtotal:
$
3,000.00 I
CONTRUCTION DOUMENTS DESIGN SERVICES
1
Demolition Plan
$
2,800.00
2
60% - G&D and Paving Plan
$
6,000.00
3
90% - G&D and Paving Plan
$
3,000.00
4
100% - G&D and Paving Plan
$
2,000.00
5
Design Drainage Stat ement
$
500.00
6
Earthwork
$
700.00
7
Horizont al Control Plan
$
2,400.00
8
SWPPP
$
2,200.00
9
Fire Line Plan
$
2,000.00
10
Flow Test
$
900.00
RICK
Mr. David Bosak Sr.
bo ARCH
Revised September 24, 2020
ENGINEERING C OMPANY
Page 5 of 10
11
12
Descriptions and Exhibits
T&M
CD's Meetings and Coordination
Budgetary
$
3,500.00
Construction Documents Design Component Subtotal:
$ 26,000.00 1
Total Survey and Design
$ 29,000.00 I
STANDARD CONDITIONS
1.
Services performed at the direction of bo ARCH which are not defined in the above listed
services shall be in addition to that set forth in this agreement.
2.
In the event that bo Arch desires any changes to the above scope of work, the terms and
conditions indicated above are subject to revision.
3.
Changes in scope or design directed by bo ARCH after the start of working drawings shall amend
this contract to include the amount of extra work required to bring the revised work to the same
stage of completion as the original work at the time of the change.
4.
Work of a general or promotional nature not connected with the actual design, approval or
construction of the project is not covered by this contract.
5.
Applicable hourly rates shall be as per schedule of hourly rates attached and a part of this
proposal.
6.
bo ARCH shall be responsible, and pay for the following:
a.
City and other public agency fees.
b. Title company fees (not anticipated)
c. Plotting and reproduction services for reports and plan preparation and as required by
public agencies, bo ARCH, contractors, etc.
d. Mileage expenses at the current IRS rate for meetings with the client, City staff or any site
visits requested by the client.
7.
Payment of services above shall be made to Rick Engineering Company within thirty (30) days
after the date of monthly statement for work performed during the preceding month.
8.
Rick Engineering Company does not guarantee the completion or quality of performance of
contract by the construction contractor or contractors, or other third parties, nor is he
responsible for their acts or omissions.
9.
Rick Engineering Company makes no warranty, either expressed or implied as to its findings,
recommendations, specifications or professional advice except that these were promulgated
after being prepared in accordance with generally accepted engineering practices and under the
direction of registered professional engineers.
10.
All services shall be for exclusive use of the client. All original calculations, work sheets and files
shall remain the property of Rick Engineering Company.
11.
The attached provisions of agreement are incorporated hereinto and made a part of this
proposal.
12.
If notice to proceed is delayed for any reason beyond sixty (60) days, it is understood by the
parties that terms and conditions contained above are subject to change.
RICK
ENGINEERING COMPANY
Page 6 of 10
Mr. David Bosak Sr.
bo ARCH
Revised September 24, 2020
If you would like us to proceed on this work as outlined above, we ask that you please sign and return
this agreement as our written authorization. If you have any questions regarding this agreement, please
contact me directly. Thank you for requesting Rick Engineering Company to provide these services.
Sincerely,
RICK ENGINEERING COMPANY
~A-~
Chris G. Patton, P. E.
Phoenix Office President
APPROVED BY: ------------------
DATE: _________
_
b o ARCH
Invoicing information:
Typed or printed name and title: _________________________ _
Invoices shall be mailed ___ or e-mailed
to:
Attention:. _________________________________ _
Address: ________________________________ _
City/State & Zip: ______________________________ _
Phone: ____________ E-mail: ____________________ _
Additional Comments/Requirements: _______________________ _
Please complete, sign, and return a copy to RICK ENGINEERING COMPANY, INC.
RICK
ENGINEERING COMPANY
Page 7 of 10
Principal Consultant (Special Projects) .................. $ 300.00
Principal ...................................................................... 230.00
Associate Principal ...................................................... 210.00
Senior Project Manager .............................................. 205.00
Associate/Manager ..................................................... 195.00
Principal Project Engineer/Manager ........................... 155.00
Associate Project Engineer/Manager ......................... 140.00
Assistant Project Engineer/Manager .......................... 125.00
Principal Engineering Designer ................................... 120.00
Associate Engineering Designer .................................. 110.00
Assistant Engineering Designer ................................... 100.00
Principal Engineering Drafter ........................................ 90.00
Associate Engineering Drafter ...................................... 80.00
Assistant Engineering Drafter ....................................... 70.00
Public Works Manager ........................................... $ 230.00
Public Works Senior Project Manager ........................ 205.00
Traffic Engineer/ Transportation Planner .................... 170.00
Principal Transportation/Traffic Designer .................. 125.00
Associate Transportation/Traffic Designer ................. 100.00
Assistant Transportation/Traffic Designer .................... 90.00
Principal Project Planner ........................................ $ 155.00
Senior Associate Planner ............................................ 135.00
Senior Planner ............................................................. 115.00
Associate Planner ........................................................ 105.00
Assistant Planner .......................................................... 95.00
Principal Water Resources Designer ...................... $ 120.00
Associate Water Resources Designer ......................... 110.00
Assistant Water Resources Designer .......................... 100.00
Principal Survey Analyst.. ....................................... $ 115.00
Associate Survey Analyst ............................................ 105.00
Assistant Survey Analyst ............................................... 95.00
HOURLY RATES-PHOENIX OFFICE
September 1, 2020-December 31, 2020
Survey Manager .................................................... $ 145.00
Assistant Survey Manager .......................................... 130.00
One-person Survey Party ............................................ 125.00
Two-person Survey Party ............................................ 165.00
Three-person Survey Party ......................................... 205.00
High Definition Scanning (One-Person Crew) ............. 205.00
High Definition Scanning (Two-Person Crew) ............. 245.00
Drone Aerial lmage ..................................................... 550.00
(plus $25.00 per acre Maricopa County/ $40.00
per acre outside Maricopa County)
Drone Technician ........................................................ 175.00
GIS Manager .......................................................... $ 185.00
Principal GIS Project Manager .................................... 175.00
Associate GIS Project Manager ................................... 140.00
Assistant GIS Project Manager ................................... 125.00
Principal GIS Analyst ................................................... 115.00
Associate GIS Analyst .................................................. 105.00
Assistant GIS Analyst .................................................... 95.00
Principal Landscape Architect ................................ $ 215.00
Principal Project Landscape Architect ........................ 155.00
Associate Landscape Architect/ Manager ................... 140.00
Assistant Landscape Architect/Manager .................... 125.00
Principal Landscape/Urban Designer .......................... 115.00
Associate Landscape/Urban Designer ........................ 105.00
Assistant Landscape/ Urban Designer ........................... 95.00
Expert Witness ....................................................... $ 405.00
Court Appearance per half day or part .................... 1,605.00
Entitlements Coordinator ..................................... $ 105.00
Associate Project Administrator ................................... 55.00
Assistant Project Administrator .................................... 50.00
Administrative Assistant ............................................... 45.00
When authorized, overtime shall be charged at the listed rates times 1.5.
Unless otherwise agreed upon, we shall charge, at cost, for printing, reproduction, deliveries, transportation,
and other expenses.
A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services.
Phoenix
Rick Engineering Company
22415 North 16th Street
Phoenix, Arizona 85024 I Phone: (602) 957-3350
RICK
ENGINl;ERING COMPANY
Page 8 of 10
The Client and Consultant agree that the following provisions shall be a part of their
Agreement :
1. This Agreement shall be binding upon the heirs, partners, successors, executors,
administrators and assigns of the Client and Consultant.
2. In the event of any increase of costs due to the granting of wage increases and/or
other employee benefits to field or office employees due to the terms of any labor
agreement, rise in the cost of living, or increase In any applicable prevailin& wage during
the lifetime of this Agreement, such increase shall be applied to all remaining
compensation. For services provided on a time and materials or hourly rate basis,
increases In the applicable rates will be reflected In the billing statement or invoke for
the month following the Increase.
3. Should litigation at law or equity arising out of this Agreement, including but not
limited to an action for declaratory relief, be brought to enforce or Interpret any term or
provision of this Agreement, or to collect any portion of the amount payable under this
Agreement or litigation commenced either directly or by way of a cross•complaint
whether arising 01.Jt of contract or tort, lncl1Jding a cross-complaint for indemnity, for
fallYre or alleged failure to perform or for errors, omissions. or negligence, the
prevailing party shall be entitled, In addition to any other award, to all litigation and
collection expenses, any and all costs of defense, includlng attorney's fees, expert
witness fees, witness fees and court costs and any and all other expenses incurred.
4. Neither the Client nor Consultant shall assign his interest in this Agreement without
the written consent of the othe r.
5. This Agreement shall be governed by and construed in accordance with the laws of
the State of Arizona. This Agreement contains the entire agreement between Client and
Consultant relating to the project and the provision of services by Consultant to the
project. Any agreements, promises, negotiations or representations not expressly set
forth herein, are of no force or effect. Subsequent modifications to this Agreement shall
be In writing and signed by both Client and Consultant.
6. Conditions or representations, alterations, detractions from or to the terms hereof,
including delineations hereon, shall not be valid unless they are in writing and signed by
both Client and Consultant.
7. All agreements on Consultant's part are contingent upon, and Consultant shall not
be responsible for damages or be in default or be deemed to be in default by reason of
delays in performance by reason of strikes, lockouts. accidents, acts of God and other
delays unavoidable or beyond Consultant's reasonable control, or delays caused by
failure of Client or Client's agents to furnish information or to approve or disapprove
Consultant's work promptly, delays in approval by governmental agencies or other
consultants performing services on behalf of Client or due to late, slow or faulty
performance by Client, other contractors or governmental agencies.
8. In the event litigation is Instituted under the terms and conditions of this Agreement,
such litigation ls to be brought and tried in the appropriate court In the state and county
in which the project is located and the parties waive the right to have brought, tried in.
or removed to any other county or judicial Jurisdiction.
9. Client acknowledges that Consultant Is not responsible for the performance of work
by third parties, includlng, but not limited to, the construction contractor(s),
subcontractors, governmental agencies, construction managers, architects or other
consultants.
10. Consultant shall only act as an advisor in all governmental relations. Consultant shall
not be liable for damages resulting from the actions or inactions of governmental
agencies including, but not limited to, permit processing, environmental Impact reports,
dedications, general plans and amendments thereto, zoning matters, annexations or
consolidations, use or conditional use permits, project or plan approvals and building
permits.
11. Consultant makes no warranty, either express or implied, as to the findings,
recommendations, plans,
specifications, or professional advice.
Consultant shall
perform in accordance with generally accepted engineering and/or surveying practices
or standards in effect at the time of performance in the locale where the services are
rendered.
12. Consultant makes no representation, guarantee, warranty, express or Implied
concerning estimated cost figures made in connection with maps, plans, specifications
or drawings, other than that all such figures are estimates only. Consultant shall not be
responsible for fluctuations in cost factors.
Phoenix
STANDARD PROVISIONS AGREEMENT: ARIZONA
13. Consultant makes no representations concerning estimates of areas. Enlmates of
areas are estimates only and are not to be considered precise unless Consultant
speclflcally a1rees to provide the precise determination of such areas.
14. Olent and Consultant agree to cooperate in any and every way or manner on
project.
15. Consultant makes no representation, either express or Implied, concerning soils or
geological surveys or subsurface soil tests or general soils testing and reporting.
16. Upon written request, each of the parties hereto shall execute and deliver, or cause
to be executed and delivered, such additional instruments and documents whlch may
be necessary and proper to carry out the terms of this Agreeme nt.
17. The terms and provisions of this Agreement shall not be construed to alter, waive,
or affect any lien or stop notice rights which the Consultant may have for the
performance of servtces under this Agreement.
18. One or more waivers of any term, condition or covenant by a party shall not be
construed as a waiver of subsequent breach of the same or any other term, condition or
covenant.
19. In the event Olent fails to pay Consultant promptly or within sixty {60) days after
invoices are rendered, then Client agrees that Consultant shall have the right to consider
said default a total breach of this Agreement and, upon written notice, the duties,
obligations and responsibilities of the Consultant under this Agreement are terminated.
In such event, Client shall the n promptly pay the Consultant for all the fees, charges, and
services performed to date by Consultant.
20. In the event any term, condition, covenant or provision of this Agreement shall be
held to be Invalid, void or unenforceable, the remaining terms, conditions, covenants
and provisions of this Agreement shall be valld and binding on the parties hereto.
21. The Client agrees it will require that the Contractor hold harmless, indemnify and
defend the Client, the Architect, the Consultant and its subconsultants, and each of their
officers, directors, principals, employees and agents, from any and all liabilrty claims,
losses or damages arising or alleged to arise from the performance of the work
described herein, but not including the sole negligence or willful misconduct of the
Client, the Architect or the Consultant or their respective subconsultants, officers
directors, principals, employees and agents.
22. The Oient shall Indemnify and hold Consultant harmless with regard to all liability or
claims of any kind, Including all investigation and defense costs, connected directly or
indirectly with this project, which liabilities or claims do not result from the sole
negligence or willful misconduct of the Consultant.
23. Consultant has a right to complete all services agreed to be rendered pursuant to
this Agreement. In the event this Agreement Is terminated before the completlon of all
servtces, unless Consultant ls responsible for such early termination, Oient agrees to
release Consultant from all liability for services performed.
24. In the event work prepared or panially prepared by the Consultant be suspended,
abandoned, or termlnated1 the Client shall pay the Consultant for all work, fees,
deposits, charges and services provided, not to exceed any maximum amount specified
herein. Client acknowledges if project work is suspended and restarts, there may be
additional charges due to suspension which shall be paid by Client as extra work.
25. Oient agrees that if Olent requests services not specified pursuant to the scope of
services described within this Agreement, Client agrees to pay all such additional
services as e,ctra work If authorized In writing.
26. Consultant shall be entitled to immediately, and without notice, suspend the
performance of any and all of its obligations pursuant to this Agreement if Client files a
voluntary petition seeking relief under the United States Bankruptcy Code or if there is
an Involuntary bankruptcy petition filed against Client in the United States Bankruptcy
Court, and that petition is not dismissed fifteen (15) days after its filing. Any suspension
of services made pursuant to the provisions of this Paragraph shall continue until such
time as this Agreement has been fully and properly assumed or adequate assurance
provided in accordance with the applicable provisions of the United States Bankruptcy
Court and in compliance with the final order or Judgments issued by the Bankruptcy
Court.
27. If payment for Consultant's services Is to be made on behalf of Client by a third
party, Client agrees that Consultant shall not be required to indemnify the third party, In
RICK
ENUINEERING COMPANY
Page 9 of 10
the form of an endorsement or otherwise, as a condition of receiving payment for
services.
28. Client agrees to purchase and maintain, during the course of construction, builder's
llabllity special peril or other similar Insurance which wlll name Consultant as an
additional insured. Client also agrees to require the contractor or contractors to
purchase and maintain liability insurance, including bro1d form general liability
coverage, comprehensive bodily injury, broad form property damage, independent
contractors insurance, completed operations and contractual liability coverage, and the
exclusions for explosion, collapse or underground coverage shall be deleted; automobile
includlng bodily Injury, property damage, owned, non-owned and hired vehicles; and
worker's compensation Insurance Including em~oyers liability coverage, all of which
shall name the Oient and Coruultant as additional insureds. Certificates of such
insurance shall be provided to Consultant and the certificate(s} shall include provisions
that the above policies are primary and non-contributory with Consultant's Insurance
and that coverage will not be canceled unless at least thirty days prior written notice has
been glven to Consultant.
29. In the event that the plans, specifications, and/or field work covered by this
Agreement are those required by various governmental agencies and one or more such
governmental agency changes its policies, ordinances, procedures or requirements after
the date of this Agreement, any additional office or field work required, shall be paid by
Client as eirtra work.
30. Services provided within the Agreement are for the exclusive use of the Client.
Nothine contained in this Agreement shall be construed to be for the benefit of any
person not a party to this Agreement and no third party beneficiary rights are created.
31.
All original papers, drawings, notes, documents and other work product of
Consultant, and copies thereof, produced as a result of the Agreement represent
professional services, shall remain the property of the Consultant, and Consultant shall
retain all copyright and other ownership Interests. Client shall have a nonexclusive
license to use Consultant's work product and any Items In which Consultant maintains
ownership and/or copyright Interest so long as all fees to be paid under this Agreement
have been paid.
Any nonexclusive license Cllent obtains under this Agreement
terminates upon the termination of this Agreement. Consultants work product may be
used by Consultant without consent of the Client.
32. In the event that any changes are made in the plans and/or specif.cations by the
Client or persons other than the Consultant, and such changes are not consented to In
writing by Consultant, Cllent acknowledges that the chanses and their effects are not
the responsibllltv of Consultant and Client agrees to release Consultant from all liability
arising from the use of such changes and agrees to defend, Indemnify and hold
Consultant, lts officers, directors, principals, agents and e mployees harmless from and
against all claims, demands, damages or costs arising from the changes.
33. Client agrees not to use or permit any other person to use plans, drawings or other
work product prepared by Consultant, which plans, drawings or other work product are
not signed and stamped or sealed by Consultant and/or are not final. Client agrees to
be liable and responsible for any use of non-final plans, drawings or work product or
plans, drawings or work product not signed. and stamped or sealed by Consultant and
waives liability against Consultant for their use. Client further agrees that final plans,
drawings and other work products are for the eKcluslve use of Client and may be used
by Client only for the project described In this Agreement.
34. In the event that any staking is destroyed, damaged or disturbed by an act of God or
parties other than Consultant, the cost of restaklng shall be paid for by the Client as
extra work. If the scope of servkes provided for pursuant to this Agreement does not
include construction staking by Consultant, Client acknowledges that changes,
clarifications, adjustments and modifications may be necessary because of changed field
or other conditions. Client wlll indemnify and defend Consultant for construction
staking by others and from claims arising from changes, clarifications, adjustments and
modifications which may be necessary to reflect changed field or other conditions,
except claims caused by the sole negligence or willful misconduct of Consultant.
35.
Questloru concerning location or changes in construction stakes or questions
concerning information on plans and specifications must be called to the attention of
the Consultant upon discovery and before corrective remedy.
36. The Consultant shall be notified 24 hours in advance, so that he may check forms,
for grade and alignment only, prior to the pouring of concrete for cut-in-place concrete
structures, thrust blocks, electrical boxes, bridge abutments or piers, or any similar
structures staked by Consuttant. Consultant can assure compliance to proper grade and
alignment only when it has been advised to check In advance.
Phoenix
STANDARD PROVISIONS AGREEMENT: ARIZONA
37 .(a} If the scope of services to be provided by Consultant pursuant to the terms of this
Agreement include the preparation of engineering drawings but exclude construction
staking services, Oient acknowledges that such services normally Include coordinating
civil engineering services and the preparation of as-built drawings pursuant to Uniform
Building Code Chapter 70 and/or other statutes, ordinances or laws, and Client will be
required to retain such servtCes from another consultant or pay Consultant pursuant to
this Agreement for such services as extra work.
(b) If the scope of services to be provided by Consultant pursuant to the terms of the
Agreement, Include construction staking services, but exclude the preparation of the
engineering drawings to be used for construction and construction staking, Client
acknowledges the coordination of civil engineering services and the preparation of as-
built drawings as required by statute, ordinance or law may require the retention by
Client of another consultant or the original consultant responsible for the design, or pay
Consultant pursuant to this Agreement for such services as extra work.
Client
acknowledges that if Consultant is retained to prepare as-built drawings of plans
prepared by others, Client wlll Indemnify, defend and hold Consultant harmless from
any and all liability in connection with the plans and specifkations prepared by others,
and the performance of work by Consultant on this project as set forth in Paragraph 44.
38. In the event Client discovers or becomes aware of apparent errors or omissions,
field conditions or discrepancies during the construction phase of the project, which
apparent errors or omissions, field conditions or discrepancies are resolvable by
Consultant, Client aerees to notify Consultant and engage Consultant to resolve the
problem before construction activities commence or further construction activity
proceeds. Further, Cllent agrees to have a provision in its construction contracts for the
project which require the contractor to notify Client of any such apparent errors or
omissions, field conditions or discrepancies so that Client may, in turn, notify Consultant
pursuant to the provisions of this Paragraph.
39. Client shall pay the costs of checking and inspection fees, zoning and annexation
application fees, assessment fees, solls engineering fees, soil testing fees, aerial
topography fees, and other fees and deposits, permits, bond premiums, title company
charges, blueprints and reproductions, and all other charges not specifically covered by
the terms of this Agreement.
40. All fees and other charges wlll be billed monthly as the work progresses and the net
amount shall be due at the time of billlng.
41. A late payment CHARGE will be computed by the Consultant at the periodic rate of
1.5% per month, not to exceed the maximum legal rate, which will be applied to any
unpaid balance commencing thirty (30) days after the date of the original bllllng.
42. Client agrees that the balance as stated on the billings from Consultant to Client are
correct, conclusive and binding on the Client unless Client within forty-five (45} days
from the date of receipt of such billing, notifies Consultant in writing of the particular
items that are alleged to be Incorrect.
43, In consideration of the Consultant's fee for services, the Client agrees that the
Consultant will perform no onsite construction review, construction menagement,
supervision of construction of engineering structures or other construction supervisk>n
for this project unless specifically contracted for; that such services will be provided by
others; and that the Olent shall defend, indemnify and hold the Consultant, its officers,
directors, principals, agents and employees harmless from any and all liability, real or
alleged, arising or resulting from the performance of construction review, construction
management, supervision of construction of engineering structures or supervision by
others. Further, Client acknowledges that Consultant will be unable to correct errors or
omissions In the ~ans which customarily become apparent and resolvable during the
course of construction review.
44. Client agrees that, In accordance with generally accepted construction practices, the
construction contractor will be required to assume sole and complete responsibility for
job site conditions during the course of construction of the project, including safety of
all persons and property; that this requirement shall be made to apply continuously and
not be llmlted to normal working hours. The Client further agrees to defend, indemnify
and hold the Consultant harmless from any and all liability in connection with the
performance of work on this project, excepting liability arising from the sole negligence
or willful misconduct of the Consultant.
4S. Client agrees to limit the liability of Consultant, its principals and employees to the
Cllent, all contractors and subcontractors on the project, due to professional negligent
acts, errors or omissions of the Consultant, breach of contract or any other cause of
action however pied to the sum of $50,000 or the Consultant's fee, whichever is greater;
except that If the contract amount, including any addenda or other contracts pertaining
to or covering servkes related to the profect, exceeds $150,000, the liability of
RICK
ENUINEERING COMPANY
Page 10 of 10
Consultant shall not exceed $150,000. dient further agrees to notify any contractor and
subcontractor who may perform work in connection with any design, report or study
prepared by Consultant of such limitation of liability, and to require as a condition
precedent to their performing their work, a like indemnity of liability on their part as
against the Consultant.
46. The Client hereby agrees to bring no claim for negligence, breach of contract,
indemnity or otherwise against the Consultant, its principals, employees and agents if
such claim, in any way, would Involve the Consultant's services for the investigation,
detection, abatement, replacement, use or specification, or removal of products,
materials or processes containing asbestos, asbestos cement pipe, and/or hazardous
materials (as defined by state, federal and/or local laws or ordinances). Client further
agrees to defend, Indemnify and hold harmless Consultant, its officers, directors,
principals, employees and agents from any asbestos, asbestos cement pipe, and/or
hazardous waste material related claims that may be brought by third parties as a result
of the services provided by the Consultant pursuant to this Agreement except claims
caused by the sole negligence or willful misconduct of the Consultant.
47. Oient acknowledges that Consultant's scope of se rvices for this project do not
include any services related, in any way, to asbestos and/or hazardous waste. Should
Consultant or any other party encounter such materials on the Job site, or should It In
any way become known that such materials are present or may be present on the job
site or any adjacent or nearby areas which may affect Consultant's services, Consultant
may, at its option, terminate work on the project until such time as Client retains a
specialist contractor to abate and/or remove the asbestos and/or hazardous waste
materials and warrant that the Job site Is free from any hazard which may result from
the existence of such materials.
48. Dlgital data files shall be provided to Client only If such delivery has been specified
in the scope of services set forth in this Agreement. If the scope of services does not
specify that digital data files shall be delivered, all costs associated with delivery of
digital data files shall be paid by Client. CUent agrees that all digital data files delivered
by Consultant are to be used eKclusively to fulfill the scope of this Agreement. Client
acn~es to hold Consultant harmless for • ny use by client of this data outside or beyond
the scope of this Agreement.
49. Consultant makes the following representations as to the compatibility of digital
data files:
{a} All data files are to be used with compatible hardware and software versions as
used by Consultant at the time file copies were created.
(b) Consultant makes no representatk,n as to the compatibility of any data files other
than for the hardware and software verslons used by Consultant to create the data files.
(c) Client agrees to hold Consultant harmless for any use of data files on any hardware
or software versions other than those which were used by Consultant to create them.
(d) If Client requires or requests any special or specific file structure, format or
software that is different from those used by Consultant at the time Consultant is
performing the services set forth in this Agreement, unless otherwise specified in this
Agreement, all costs associated with creating the file structure or format, and/or
acquiring necessary software and/or hardware, shall be the responsibility of Client.
SO. After the time final data files have been delivered per terms of this Agreement,
Consultant will not be held responsible for maintaining copies of any digital data related
to this Agreement.
51. Client agrees that if formats for deliverables of digital files are not specified in this
Agreement, they will be delivered using the standards and versions of Consultant at the
time of creation.
52. Client agrees not to use any digital files {drawing or data file), In whole or In part, for
any purpose or project other than the project which ls the subject of this Agreement,
Client waives any and all clalms against Consultant resulting in any way from any
changes not authorized and/or authored by Consultant and/or reuse of the drawings or
data for any other project without the express written consent by Consultant. The
transfer of drawings or data In electronic media or format shall not be deemed a sale,
and Consultant makes no warranties, either express or implled, of merchantability or
fitness for a particular purpose.
53. Because data stored on electronic media can deteriorate undetected or be modified
without the Consultant's knowledge, the Client agrees that it will accept responsibility
for the completeness, correctness, or readability of the electronic media after an
acceptance period of 30 days after delivery of the electronic files, and that upon the
Phoenix
STANDARD PROVISIONS AGREEMENT: ARIZONA
expiratk>n of this acceptance period, client will indemnify and save harmless the
Consultant for any and all claims, losses, costs, damages, awards or Juda:ments arising
from use of the electronic media flles or output generated from them. The Consultant
agrees that it Is responslble for the accuracy of the sealed drawings that accompany the
submittal, and that such accuracy ls defined as the care and skill ordinarily used by
members of the Consultants professlon practklna: under similar conditions at the same
time and in the same locality. Consultant makes no warranties, express or implied,
under this Agreement or otherwise, In connection with the Consultant's services.
54. Prior to the commencement of any legal action, in an effort to resolve any conflicu
that arise during the deslgn or construction of the project which is the subject of this
Agreement, or following completion of the project, Cllent and Consultant agree that all
disputes between them arising out of or relating to this Acreement, the services
performed pursuant to this Agreement, or relating in any way to the project, shall be
submitted to nonbindlng mediation unless the parties mutually agree otherwise. Each
party shall be represented at the mediation by a person or persons with the authority to
bind the party to any agreement, obligation or resolution resulting from the mediation.
Each of the parties agrees to include a similar mediation provision In all agreements
with any other contractors and consultants retained for the project and to require such
contractors and consultants to Include a similar provision in all agreements with
subcontractors, sub•consultants, suppliers or fabricators, thereby providing mediation
as the primary method for dispute resolution between thl parties to those agreements.
James A. Lane PE, SE, LEED AP
Structural Engineer
6757 W Cocopah Street
Goodyear, AZ 85338
jameslane1@cox.net
www.jameslanepe.com
602-321-1945
September 22, 2020
Mr. David Bosak Sr. AIA, LEED AP
Director of Program/ Construction Management / Principal Architect
Bo Arch
20118 North 67th Avenue
Suite 300 #610
Glendale, Arizona 85308
DavidSr@boArch.us
(602) 909-0901
David:
RE: Structural Engineering Services Fee Proposal
Proposal for Structural Engineering Services for (1) existing approximately 5000-sf single story fire station building being
converted into a public library for the City of El Mirage. Existing building Is located at 13513 N El Mirage Road, El Mirage,
Arizona. Proposal includes the following services:
Structural Engineering
1. Gravity and lateral analysis to include foundations, vertical walls, horizontal floors, sloping roofs, columns, beams,
lintels/ headers, shear walls, diaphragms, and other elements shown on architectural documents for structural
integrity of building.
2. The existing building elements will be based on the construction documents received/ provided by the City of El
Mirage.
3 . Analysis based on dead load, live load, seismic load, wind load, and soil load.
4. Generate structural general notes/ specifications, structural construction details, size and material schedules.
5. Review all structural documents performed under my direct supervision, seal and sign.
6. Wood truss calculations if required to be by others/ manufacturer of trusses (seal/signature by truss engineer).
7. Per study recommendations, investigate existing wood roof trusses currently supporting clay tile roof covering.
Construction documents show asphalt shingle roof covering. Ensure current/proposed conditions for roof trusses
are acceptable for current code loading requirements.
8. Services will be performed as reflected in feasibility study dated March 4, 2020.
CAD Generated Construction Documents (performed by Gove Design & Technical Services)
9. To include structural general notes, typical construction details, size and material schedules, foundation, floor and
roof framing plans, plus project specific construction details.
Other
10. Drawing exchanges performed electronically (pdf or dwg format).
11. Reasonable construction related questions for project during construction.
12. Review and incorporate the recommendations of the Geotechnical Report (if available) for the project.
13. Respond to any corrections or clarifications requested by the permit department having jurisdiction during the
Building Permit review process.
14. Contract construction document administration services (RFl's, consultation, changes to documents) to be
performed at an hourly rate.
15. Special Structural Inspections if required by authorities having jurisdiction can be provided at an hourly rate.
16. Anticipated scope items appear to include, modification at roof eave, larger opening at entrance, additional
windows, new concrete floor a truck bays, review of existing wood trusses, and monument sign.
Fee for above services $9,000 Structural Engineering and Structural Construction Documents.
September 22, 2020
Page 2
It is the intention that work begins upon a notice to proceed and acceptance of proposal. Anticipated time to
perform/ complete after receiving direction to proceed is to be determined.
In efforts to be paperless, all invoices emailed. Questions or issues of clarification may be directed to James Lane.
In the event collections are required additional charges for time/ lega(/etc. will be charged.
Sincerely yours, ~
James A. Lane PE, SE, LEED AP
Structural Engineer
James Lane, PE
c=US, cn=James Lane, PE,
email=jameslane 1@cox.net
2020.09.22 10:08:37 -07'00'
Proposal accepted by __________________ Date _________ _
ARIZONA
.....
PINNACLE ENGINEERING
September 22, 2020
Bo Arch
ARIZONA PINNACLE ENGINEERING, LLC
Mechanica l and Electrical ConsuHing Engineers
Rodney L Hill.s, l?_E, •
Raymond B Lnnford, P.E. ,. fatdjen Savu, P.E. •
Scotl E 'Nooc:15, P.E.
32531 N. Scottsdale Rd. Ste. I 05 #282
Scottsdale, AZ 85266
Attn: Mr. David Bosak Sr.
Re:
City of El Mirage Fire Station to Library Design
Revised Proposal for Mechanical and Electrical Engineering Services P20251. 1
Dear Mr. Bosak:
Arizona Pinnacle Engineering, LLC (AZPE), is pleased to propose the following revised
Agreement for mechanical (HV AC) and electrical engineering services for the Design to convert
the 5,000 S.F. Fire Station into a Library Arizona per the Feasibility Study dated March 4, 2020
in El Mirage,
This revised proposal is valid for a period of sixty (60) calendar days from the date of its
issuance. If this proposal is not accepted within the stipulated time period, we reserve the right
to cancel this Agreement or to renegotiate the fees. If signed and returned, or if not rejected but
accepted by our proceeding with the work upon your request, this document shall constitute a
contractual Agreement between us.
PARTIES TO CONTRACT
This revised Agreement is made between Bo Arch, hereinafter referred to as the Client, and
Arizona Pinnacle Engineering, LLC, hereinafter called the Engineer, and each is bound to the
Agreements outlined herein. Neither party may assign, sublet, or transfer its interest in this
Agreement without written consent of the other party.
SCOPE OF BASIC ENGINEERING SERVICES
For the purpose of this revised contract "Basic Engineering Services" shall include the following:
General
1.
The mechanical and electrical engineering services to be provided under this Agreement
will include a Verification of Existing Conditions Phase and a Construction Documents
Phase.
2222 West Pinnacle Peak Road, Suite 290 t,, Phoenix, AZ 85027 6 Phone: (623) 594-9049 6 Fax: (623) 594-9072
Bo Arch
Re: Proposal for Mechanical and Electrical Engineering Services P2025 l. l
September 22, 2020
Page 2
2.
AZPE will visit the jobsite at the beginning of the project to verify the existing
mechanical and electrical conditions.
3.
AZPE will attend up to two (2) design meetings during the Construction Documents
Phase of the project.
4.
Original drawings and specifications in PDF format will be issued as the evidence of the
completed design.
5.
AZPE will prepare energy code compliance documents as required by the authority
having jurisdiction.
6.
AZPE will exercise due and reasonable diligence to complete the services described
herein within a mutuaJly agreed upon time frame. If AZPE discerns that the schedule will
not be met for any reason, the Client will be notified as soon as practically possible.
Heating, Ventilating and Air Conditioning (HVAC)
1.
AZPE will prepare heating and cooling load calculations in accordance with ASHRAE
methodology.
2.
AZPE will prepare ventilation calculations in accordance with local code requirements.
3.
AZPE will design and specify a complete HVAC system for this project using split
system DX air conditioning units with gas heat.
4.
AZPE will design and specify a complete new air distribution system including ductwork
and diffusers.
5.
AZPE will design and specify programmable thermostats to control the new split system
DX air conditioning units.
6.
AZPE will coordinate the design features of the HV AC system with other A/E
disciplines.
Plumbing
1.
AZPE will design and specify modifications to the existing water, waste, and vent piping
systems within five (5) feet of the building perimeter.
2.
AZPE will design and specify modifications to the existing roof drain leaders as required.
3.
AZPE will design and specify modifications to the existing natural gas piping systems as
required.
4.
AZPE will design and specify a new gas water heater to serve the new restrooms.
Bo Arch
Re: Proposal for Mechanical and Electrical Engineering Services P20251. l
September 22, 2020
Page 3
5.
AZPE will design and specify plumbing fixtures and equipment.
6.
AZPE will coordinate the design features of the plumbing system with other NE
disciplines.
Fire Protection
l.
AZPE will provide pe1formance-type specifications for a fire sprinkler system in the
project area.
Electrical
l.
AZPE will prepare electrical load calculations in accordance with NEC requirements.
2.
AZPE will design and specify distribution panelboards and new branch circuits to all new
mechanical equipment as required to accommodate the new split system air conditioning
units Note: The new electrical design will be based on the assumption that the existing
electrical S.E.S. will accommodate this new equipment. If the existing S.E.S. will not
accommodate the new equipment, then AZPE can design a new S.E.S. for an additional fee.
3.
AZPE will coordinate the design features of the electrical systems with other NE
disciplines.
4.
AZPE will design and specify branch circuits to all new lighting fixtures, receptacles, and
Owner-Furnished equipment.
5.
AZPE will design and specify indoor, non-decorative, overhead lighting, emergency
egress lighting, and exte1ior security lighting.
6.
AZPE will design and specify raceways (only) for Owner-Furnished phone/data systems.
7.
AZPE will specify a fire alarm system and will show fire alarm device locations and riser
diagrams.
8.
AZPE will coordinate the design features of the electrical systems with other A/E
disciplines.
EXCLUSIONS
The following items shall be excluded from AZPE's Scope of Basic Engineering Services:
1.
Printing or reproduction costs for plan review or bid documents.
2.
Cost of obtaining any permits or payment of plan review fees.
Bo Arch
Re: Proposal for Mechanical and Electrical Engineering Services P20251.1
September 22, 2020
Page4
3.
Cost of hiring a locator service to determine the location of existing concealed utilities.
4.
Detailed comparisons of various mechanical or electrical systems or special components.
5.
Selection and design of decorative lighting systems.
6.
Detailed fire sprinkler piping and head layouts. (Performance requirements for fire
protection will be described on the construction documents. The selected fire sprinkler
contractor will provide detailed fire sprinkler layouts.)
7.
Preparation of utility rebate applications.
8.
Review of shop drawings.
9.
Periodic observations during constrnction.
10.
Commissioning of the project whereby AZPE conducts detailed tests to verify the proper
operation of the various mechanical and electrical systems and components. This is
normally the responsibility of the installing contractor(s), but can be provided by AZPE
as an Additional Service. (See "Additional Services" paragraph.)
CLIENT RESPONSIBILITIES
The Client shall be responsible for the following items:
1.
Provide AutoCAD drawing files of title blocks and architectural floor plans with updates
sent at timely intervals.
2.
Provide access to the project area during normal business hours and a ladder, as required.
3.
Provide reflected ceiling plans, at earliest time, for coordination purposes.
4.
Provide building elevations and sections for air conditioning load computations.
5.
Furnish existing mechanical and electrical plans for coordination purposes.
6.
Furnish civil and structural plans for coordination purposes.
7.
At project completion, provide the Engineer with one set of final plans and specifications.
Bo Arch
Re: Proposal for Mechanical and Electrical Engineering Services P2025 l . l
September 22, 2020
Page 5
ENGINEERING FEES
Arizona Pinnacle Engineering, LLC, will provide the Basic Engineering Services as described
above for the following fees:
Existing Conditions Verification
30% Construction Documents
60% Construction Documents
90% Construction Documents
l 00% Construction Documents
TOTAL
$800.00
$3,600.00
$3,600.00
$3,600.00
$1,200.00
$12,800.00
No on-site construction observations are included above. If the Optional Construction Support
and Observations are performed, then any construction observations will be performed on a per
man-trip basis for a fee of $400.00 per man-trip including travel time, report writing, and follow-
up.
Certain costs shall be considered "reimbursable costs", namely, multiple copies of documents for
review, bidding, or construction; and Client-requested express courier charges. Reimbursable
costs will be billed to the Client at our cost plus 10% for administrative services.
No blackline prints are included as a pa.it of Basic Engineering Services. AZPE will provide one
set of reproducible documents in electronic, PDF format for Owner/Client review upon the
completion of major milestones, e.g., at the 60% and 100% submittal phases. Hard copies of
large format drawings will be billed at $4.00 per plot.
We will bill monthly based on percentage of work completed. We reserve the right to charge
1.5% per month interest on any unpaid balance after 30 days of invoice date.
ADDITIONAL SERVICES
If during the performance of the work you require that Arizona Pinnacle Engineering, LLC,
provide services that are not included in our Scope of Basic Engineering Services, we will
initiate an Additional Services Letter that will require your signature prior to completing such
"Additional Services". Additional Services are available on an hourly or lump sum fee basis,
depending on task. We are enclosing our Hourly Billing Rate Schedule for your reference.
Review of Contractor-prepai·ed shop drawings that depict a design scheme significantly different
than that shown on the Contract Documents can be performed on an hourly fee basis, as an
additional service.
Bo Arch
Re: Proposal for Mechanical and Electrical Engineering Services P20251.1
September 22, 2020
Page 6
Additional Services during construction include items such as substitution of materials due to
delivery schedules after shop drawing approval, working out any solutions or alterations to
Contractor-generated problems, working out any conflicts due to lack of coordination by the
General Contractor or Subcontractors, or any Owner/Architectural-generated changes. This
includes letters, phone calls, investigations, etc., caused by the above. If the time spent by us is a
result of our own errors or omissions, it is understood such time wiJJ not be billable.
LIMITS OF RESPONSIBILITY
The services to be pe1formed by the Engineer under this Agreement are intended solely for the
benefit of the Client. Nothing contained herein shall confer any rights upon or create any duties
on the part of the Engineer toward any person or persons not a party to this Agreement including,
but not limited to any consultant, sub-consultant, or the agents, officers, employees, insurers, or
sureties of any of them.
The Client and the Engineer waive all rights for damages, each against the other and against the
sub-consultants, agents, and employees of the other, but only to the extent covered by property
insurance during or after the performance of the work described herein except such rights as they
may have to the proceeds of such insurance.
CESSATION OF WORK
Arizona Pinnacle Engineering, LLC, reserves the right to cease work, without legal penalty if
payment for services is not received by AZPE within 15 days of the date that the Client receives
payment from the Owner.
TERMINATION OF CONTRACT
This contract shall be terminated if either of the following conditions exists:
1.
Immediately upon written notice that the Prime Agreement has been terminated.
2.
Upon seven (7) days written notice should either party fail to pe1form in accordance with
the articles of this Agreement. In the event of termination of this Agreement for reasons
beyond the control of Arizona Pinnacle Engineering, LLC, the Engineer shall be
compensated for all costs and expenses incurred in connection with the production of the
project, based upon a pro-rata portion of the engineering work completed.
Bo Arch
Re: Proposal for Mechanical and Electrical Engineering Services P20251.1
September 22, 2020
Page 7
MEDIATION
Any claim or dispute arising out of, or related to, this Agreement shall be subject to mediation as
a condition precedent to arbitration or the institution of legal or equitable proceedings for either
party. The parties shall endeavor to resolve claims or disputes between them by mediation
which, unless the parties mutually agree otherwise, shall be in accordance with the Construction
Industry Mediation Rules of the American Arbitration Association currently in effect. The
parties shall share the mediators fees and filing fees equally. Agreements reached in mediation
shall be enforceable as settlement agreements in any court having jurisdiction thereof.
ARBITRATION
All claims or disputes arising out of, or related to, this Agreement shall be subject to arbitration.
Claims or disputes between the parties that are not resolved by mediation shall be decided by
arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association currently in
effect. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with the applicable law in any court having jurisdiction thereof.
OFFER AND ACCEPTANCE
We have made an extra effort to be competitive on this proposal. If there is any item in the
scope of work that you would like us to omit or add, please call.
We appreciate the opportunity of working with you again and know it will be mutually
beneficial.
Sincerely,
~
~~GINEERING, LLC
Rodney L. Hillis, .E.
Managing Member
If the terms of this Agreement are acceptable, please indicate your acceptance and return a copy
to our office. A signed Agreement is required prior to our commencing work.
Client Signature/ Title
Date
ARIZONA
.....
PINN.ACLE ENGINEERING
ARIZONA PINNACLE ENGINEERING, LLC
Mechanical and Electrical ConsuHing Engineers
Rodney L HilGs, l?.E. •
Raymond B lllnrord, P.E.
~ faJdjen Savu, P.E_ •
Scol1 E \11/oods. P.E.
HOURLY RA TE SCHEDULE
All work which is authorized as Hourly Services will be charged at the following hourly billing
rates:
Manager
$190.00
Engineer
$175.00
Senior Designer
$135.00
Designer
$120.00
Drafter
$95.00
Clerical
$85.00
The above rates are valid through December 31, 2020.
2222 West Pinnacle Peak Road, Suite 290 e:. Phoenix, AZ. 85027 e:. Phone: (623) 594-9049 c, Fax: (623) 594-9072